Mutlu Köse published an interesting article for Marques Class 46 which discusses the court practice in Turkey regarding cases of non-use of trademarks.
The dispute at hand concerns a lawsuit initiated by Bacardi against a local beverage producer for a trademark infringement of BREEZER mark owned by the company.
The Turkey company uses similar sign FREEZER and look-alike packaging.
As a response, KIRBIYIK FREEZER started revocation proceeding against Bacardi’s BREEZER mark for lack of genuine use in the country for a period of 5 years as it is stipulated by the law.
Bacardi had never used its trademark but the reason for this was the fact that the Turkish regulations do not allow the sale of cocktail beverages containing distilled alcohols.
According to the Court, however, this represented a valid reason for non-use of the registered mark (the onliest option for overcoming such revocation apart from actual use) and dismissed the Turkish company request. At the same time, the court accepted the claims for trademark infringement and unfair competition against KIRBIYIK FREEZER.
1. No likelihood of confusion deemed between “an apple” and the letter „J“. For more information here.
2. Calculating copyright infringement damages using hypothetical license fees. For more information here.
3. Evaluation of EU legislation on design protection. For more information here.
1. Applications for Division of International Registrations available. For more information here.
2. Can the name of a country and a year be a trademark? For more information here.
3. Reminder: Strategic Plan 2025 stakeholder consultation. For more information here.
As it is well-known the EU is negotiating with Australia for a $100 billion trade deal similar to those signed with Canada and Japan.
In that regard, the EU’s Agriculture Commissioner Phil Hogan expressed his concerns about the deal after the last meeting between the parties in Canberra.
As in all other deals, the EU expects all of its geographical indications to cover the other party’s territory after the deal, which aim to protect the European producers of traditional products.
The problem in the case of Australia, however, is that many local manufacturers have been using European geographical indications, such as Prosecco and Feta for free for decades. The EU insists that to be discontinued. On the other side, the Australian government tries to support its producers in an attempt to avoid eventual economic disturbance for them.
In most of the cases, such disputes end with a grace period after which the relevant producers have to seize the use of the protected geographical indications or in some cases at least to add the name of the country in front for a distinction.
Source: The Sydney Morning Herald.
Emil Jurcenoks and Peter Nørgaard reported for one interesting and at the same time an important decision of the Danish Supreme Court.
The case concerns advertising photographs made by the Danish supermarket chain Coop which contained among other tableware by the Danish designer Kasper Heie Würtz for which use, however, there wasn’t a concent by the designer nor any remunerations.
A lawsuit was been initiated. According to Coop there was no copyright infringement because the Danish legal practice allows minor use of copyrighted works in case that the works are not famous and the use is only as a background and minimal.
Würtz won the case before the first instance Maritime and Commercial High Court.
The Supreme Court upheld this decision. According to the court, Coop failed to prove that there is a legal practice which allows such copyright exceptions for applied art for advertising purposes. What’s more, the Court considers the use at hand as not minor due to the fact that all photographs contain the aforementioned tableware. An exception is possible but in very narrow cases where relevant works are not distinctive enough and are not essential elements in the reproductions.
The full article is accessible here.
EUIPO reports about the accession of Monaco to the general database for trademarks TMView. In that way, another 16 000 trademarks are added to this database, which makes the total number of accessible signs to 52 million.
For more information here.
EUIPO reports about a new option introduced by the Australian Patent Office for e-filing of trademark applications. This will facilitate significantly the trademark registration process in the country.